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Did you know that if you are making a personal injury claim, or a claim for medical negligence, then it may be possible for us to help you get financial support while you wait for your claim to be processed?  This can be done by requesting that the person to blame for your accident makes you an interim payment – which is effectively an advance on the compensation that you will ultimately receive.  This may prove useful where the nature of the injury you have sustained means that you cannot currently work and therefore have no income, or where you have medical bills and other costs mounting up that need to be paid. 

Anna Rushton and Dominic Jones, the respective heads of our personal injury and medical negligence team, explain more.

What is an interim payment?

An interim payment is a part-payment of the compensation you are entitled to, which is paid to you by your opponent in advance of your claim being settled so that you have access to a pot of money which can be used to help tide you over while you wait for your claim to be finalised. 

In simple terms, it is a way of enabling you to access part of your compensation payment early so that you have the means available to meet your immediate needs and also so you do not feel under pressure to settle your claim for less than it is worth just to achieve a quick settlement.  

When do you get an interim payment for personal injury?

You may be eligible for an interim payment where: 

• the person you are suing for compensation admits that they are responsible for the injury you have sustained and agrees to make you an interim payment on a voluntary basis; or 
• court proceedings are issued on your behalf and a judge is satisfied that if the matter goes to trial you are likely to emerge victorious, and that in the circumstances it is appropriate for your opponent to be ordered to make you an interim payment. 

As a general rule, the court will only order an interim payment where the amount being sought is reasonable given the likely value of your claim and where the need for an interim payment (e.g. to fund medical costs, make up for lost earnings etc) is clearly made out. 

What can an interim payment be used for?

An interim payment can be used to cover the cost of anything that you need while you wait for your personal injury claim to be finalised.  For example, it can be used to:

• supplement your income, where the nature of your injury means that you cannot work;
• cover any extra expenses you have to pay, such as prescription charges or travel costs where you need to attend regular GP or hospital appointments;  
• pay for home help, e.g. where you need someone to do your housework or gardening, or even to shop and cook for you while you recover;
• pay for private medical treatment or specialist rehabilitation therapy;
• pay for a state of the art prosthetic or mobility aid; 
• pay for home or vehicle adaptions; or
• pay for nursing care.

Can you get an interim payment where there has been contributory negligence?

If your opponent has suggested that you are partly to blame for the accident in which you were hurt, or for the severity of the injury that you sustained, then your claim will be classed as one of alleged contributory negligence.  While this is a factor that will be taken into account in determining whether an interim payment is appropriate (and if so for how much), it is not something that in itself will stop an interim payment being awarded if the circumstances justify it.

How many interim payments can I ask for?

Depending on the circumstances, you may be able to ask for a single interim payment or for multiple payments to be made.  

A single payment is likely to be appropriate where your claim can reasonably be expected to only take a matter of months to resolve.  This is in contrast to cases where a claim may need to be pursued over the course of a number of years, and where multiple payments may therefore be justified – e.g. where you have suffered a brain injury and doctors have advised that your claim should not be settled until they have a clearer idea of what your long-term prognosis is likely to be and the level of ongoing care that you will require. 

How do I apply for an interim payment?

If we believe that you are eligible for an interim payment, then we will apply for one on your behalf.  Where your opponent admits liability and agrees that an interim payment is appropriate, then the process is relatively quick and straightforward.  

However, where liability is disputed and it becomes necessary to get the court involved, then dealing with your application can take slightly longer – although we will of course ensure that the matter is dealt with as quickly as possible.  

How much will I get as an interim payment?

The amount that you receive by way of an interim payment will depend on the severity of your injuries, the impact they have had on you, how much your eventual compensation claim is likely to be worth and whether you have any pressing costs that you need to cover while you wait for your claim to be settled.

In most cases, you will receive a reasonable proportion of the compensation that you will ultimately be entitled to.

If I receive an interim payment, will the amount of compensation I get be lower?

The amount of compensation you get will not be lower because you have received an interim payment.  You will still get the same overall amount – it is just that you will receive some of this earlier than might otherwise have been the case.

However, it is important to note that an interim payment might impact your eligibility to claim certain state benefits and therefore it is important that you seek legal advice so that your payments can be structured in a way that is designed to preserve your benefits entitlement. 

Contact us

To find out more about interim payments, please contact Anna Rushton on 01782 757298.  

Our team of specialist personal injury and medical negligence lawyers, based at our offices in Crewe and Hanley in Stoke-on-Trent, can help you to claim compensation for injuries sustained as a result of:

• an accident at work;
• a road traffic accident;
• an accident in a public place;
• slips, trips or falls anywhere; or
• a medical mistake.

We also offer a free Polish translation service, delivered by our in-house interpreter and experienced personal injury paralegal Agnieszka Kulas.